High Court Judge Mr Justice Patrick J McCarthy has said the Government's proposals on how judges are appointed "are wrong in principle and in practice will do long term harm to the administration of justice".
Speaking at the awarding of parchments to new solicitors at the Law Society, Judge McCarthy said that the proposals as contained in the Judicial Appointments Commission Bill "are not in accordance with international principles about judicial independence to which the State is a party".
He said that at least half of the body appointing and promoting judges should be members of the judiciary.
He said he found it necessary to quote the constitution saying that Article 35.2 says: "All judges should be independent in the exercise of the judicial functions and subject only this constitution and the law".
He said the harmful nature of the proposals had motivated the Chief Justice Mrs Susan Denham to take the exceptional step of meeting the Taoiseach for the purpose of expressing her grave concerns.
Judge McCarthy added that as the Chief Justice is retiring in August, she has no personal axe to grind and her concern is obviously for the long term.
He cited in particular the exclusion of the Chief Justice from the Chair of the Government's proposed appointments commission and said that it downgrades or marginalises the office adding that the fact that only one other judge will be a member of the commission and that others would be "present on sufferance only on an occasional advisory basis is further evidence of that lack of respect".
He cited "Committee of the Ministers of the Council of Europe" saying that on 17 November 2010, it recommended that "The authority taking decisions on the selection and career of judges should be independent of the executive and legislative powers.
"With a view to guaranteeing its independence, at least half of the members of the authority should be judges chosen by their peers".
The President of the Law Society, Stuart Gilhooly, has said the Society supports the judicial appointments proposals being brought forward as it will introduce a process that will operate like a modern 21st century recruitment process.
He said the standard of the judiciary is by large and excellent, but the recruitment process is ad-hoc.
Speaking at a graduation ceremony at Blackhall Place for new solicitors, he said that all of the graduands present had done interviews, often two or three interviews, for their training contracts at their companies but new judges do not go through an interview.
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He said the Society hopes that the new recruitment process will bring a better quality and more diverse range of appointments and more solicitors to the bench.
Sinn Féin TD Caoimhghín Ó Caoláin has also defended the proposed new system for appointing judges.
Deputy Ó Caoiláin was invited to speak at a graduation event at the Law Society for new solicitors to respond to remarks made by High Court Judge Mr Justice Patrick McCarthy.
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He said that he welcomes the Government decision on the make up of the Judicial Appointments Commission as it represents real and substantive progress towards agreeing a fair and accountable system.
